Review of the draft new works regulations under section 62 of the railway safety act, 2024

The Railway Safety Regulator requires a multidisciplinary service provider to review the draft New Works Regulations contemplated in section 62 of the Railway Safety Act, 2024.

Background

• The Act creates a modern regulatory framework for railway safety and strengthens the RSR's role across railway operations, infrastructure and associated technologies.
• It supports the National Rail Policy and the move to an open access railway system.
• The Minister may make regulations on design, construction, alteration, commissioning and operation of railway infrastructure, rolling stock, technologies and new operations.
• Section 62 also covers approval processes for new works, testing and commissioning, passenger operations, dangerous goods and technologies.
• The regulations must be technically robust, legally sound, practical to administer and aligned with international railway regulatory best practice.

Objectives

• Analyse the legislative requirements of the Act and identify all matters needing regulation under section 62.
• Review the RSR's draft regulations for legal enforceability, technical soundness and operational practicality.
• Add approval criteria for new railway operations, infrastructure, rolling stock, technologies, testing and commissioning.
• Consult stakeholders throughout drafting and incorporate approved comments.
• Prepare Gazette-ready regulations and the accompanying Notice for the Minister.

Closing

• 06 November 2026 at 15:00.

No compulsory briefing or site visit is stated.

SCM enquiries

• Name: Doris Letsholo
• Email: [email protected]
• Telephone: 010 495 5391

Project enquiries

• Name: Reginald Ntshingila
• Role: Project Manager
• Email: [email protected]
• Telephone: 010 495 5391

Submission

• Method: email
• Submission email: [email protected]

Submission method

• Email submission only, to [email protected].
• Closing time: 15:00 on 06 November 2026.
• Quotations must be comprehensive and priced inclusive of VAT.

Returnable documents (all must be valid and submitted)

• CSD registration report from the National Treasury Central Supplier Database.
• Tax compliance status PIN and tax clearance certificate.
• Fully completed and signed Standard Bidding Documents (SBD) forms.
• Valid B-BBEE certificate or sworn affidavit; the affidavit must state the financial year period it covers (day, month and year).
• CIPC company registration documents.
• Copy of the identity document of each company owner.
• For specific-goal claims only: valid medical certificate, SASSA registration and NCPPDSA registration (disability claims).

Disqualification risk

• Omitting or failing to submit valid proof for the specific goals claimed (B-BBEE, CIPC, owner ID, medical certificate, SASSA, NCPPDSA) forfeits the preference points for those goals.

Evaluation order

1. Functionality threshold, then price and specific goals.

Functionality (100 points, minimum qualifying score 70/100)

• Company experience on similar projects: 20 points. Contactable, dated and signed reference letters for regulation-drafting projects (including public consultation) completed in the past 10 years. 5 references = 20; 4 = 16; 3 = 12; 2 = 8; 1 = 4; 0 = 0.
• Bidder's team qualification and experience: 40 points maximum. Assessed from CVs showing years of relevant experience and certified copies of academic certificates (certified not older than 6 months).
• Approach to work: 30 points. Comprehensive methodology aligned to the project plan and deliverables (15 points: well defined 15, moderately defined 10, poorly defined 5, none 0) plus project implementation plan with milestones and timelines (15 points: well defined 15, moderately defined 10, poorly defined 5, none 0).
• Bidders scoring below 70 are disqualified and not evaluated further.

Price and preference (80/20 system)

• Price: 80 points.
• Specific goals: 20 points, awarded under the PPPFA 2022 preference regulations for acquisitions up to R50 million.
• 51% black-owned EME or QSE: 10 points.
• 51% black women-owned EME or QSE: 5 points.
• 51% youth-owned EME or QSE: 3 points.
• 51% owned by persons with disabilities EME or QSE: 2 points.
• Each goal claim requires the supporting proof listed in the returnable documents.

Purpose

• Appoint a suitably qualified and experienced service provider to deliver specialist legislative, regulatory, technical and economic advisory services for the review of the Draft Regulations Regarding Design, Construction, Alteration and New Operations (the New Works Regulations) under section 62 of the Railway Safety Act, 2024.

Outcome required

• A complete, legally sound regulatory framework that supports the objects of the Act, enables consistent regulatory decision-making, promotes railway safety, streamlines approval of new railway works and operations, sets clear technical and administrative requirements for regulated entities, and establishes an equitable and sustainable fee framework for prescribed regulatory services.

Scope of work

• Review the legislative requirements of the Act and identify every matter requiring regulation under section 62.
• Review the RSR's draft regulations for legal enforceability, technical soundness and operational practicality.
• Build in approval criteria for new railway operations, infrastructure, rolling stock, technologies, testing and commissioning.
• Run stakeholder consultation throughout drafting and incorporate approved comments into the final regulations.
• Produce Gazette-ready regulations and the accompanying Notice for the Minister.
• Conduct an inception meeting with the RSR and Department of Transport.
• Carry out a legislative and regulatory review of applicable legislation, existing regulations, policies and standards.
• Perform a regulatory gap analysis of the draft regulations and recommend measures to support implementation of the Act.
• Develop a technical approval framework covering requirements, evaluation criteria and approval processes for applications under section 62; it may be incorporated into the draft regulations.
• Facilitate stakeholder consultation, record comments and submit a recommendations report to the RSR.
• Revise the draft regulations to incorporate approved stakeholder comments.
• Provide governance support, present deliverables to RSR governance structures and assist with revisions until final publication.
• Submit the final regulations and explanatory memorandum for Ministerial approval.
• Close out with a final project report and transfer all approved deliverables and supporting documentation to the RSR.

Deliverables (each in editable electronic format and searchable PDF, subject to written acceptance by the RSR)

• Inception Report: methodology, implementation programme, stakeholder engagement strategy, governance arrangements and quality assurance measures.
• Regulatory Gap Analysis Report: legislative, regulatory and technical gaps with recommendations.
• First Revised Draft Regulations: revised drafts for review by the RSR and stakeholders including the National Department of Transport.
• Stakeholder Consultation Report: consultation process, comments and responses, and recommended amendments to the regulations and Notice.
• Revised Draft Regulations for public consultation: incorporating approved stakeholder input.
• Final Regulations: for approval by the RSR and Department of Transport.
• Presentations: delivered to RSR governance structures as required.
• Final Project Report: work undertaken, key outcomes, recommendations and all approved deliverables.

Approach to work is scored out of 30 points within functionality.

Methodology (15 points)

• Well defined methodology aligned to the project plan and deliverables: 15 points.
• Moderately defined: 10 points.
• Poorly defined: 5 points.
• No methodology: 0 points.

Project implementation plan (15 points)

• Must show how the legislative drafting work will be delivered in line with regulatory tool development in the railway industry, with milestones, phases and timelines.
• Well defined plan with milestones and timelines aligned to project timelines: 15 points.
• Moderately defined: 10 points.
• Poorly defined: 5 points.
• No plan: 0 points.

Team composition

• A multidisciplinary team is required, at minimum a Project Director, Legislative Drafting Specialist, Railway Engineering Specialist, and Railway Operations and Safety Specialist.
• One team member may fill more than one role.

Legislative Drafting Specialist

• Must hold an LLB or equivalent and have experience drafting legislation, regulations or statutory instruments.
• Qualification scoring: Diploma in Law NQF 6 = 5; BA Law NQF 7 = 8; LLB NQF 8 = 12; LLM NQF 9 = 13; LLD NQF 10 = 15; below NQF 6 = 0.
• Experience scoring: 10 years or more = 10; 5 to under 10 years = 8; 2 to under 5 years = 6; 1 to under 2 years = 4; under 1 year = 0.

Technical Expert (Railway Engineering Specialist)

• Must hold an appropriate engineering qualification with experience in railway engineering disciplines.
• Qualification scoring: NQF 9 or higher = 15; NQF 8 = 12; NQF 7 = 9; NQF 6 = 6; below NQF 6 = 0.
• Experience scoring (regulatory tool development or implementation in the railway industry): 10 years or more = 10; 5 to under 10 years = 8; 2 to under 5 years = 6; 1 to under 2 years = 4; under 1 year = 0.

Evidence required

• CVs clearly showing years of experience with each employer on relevant or similar projects.
• Certified copies of original academic certificates, certified not older than 6 months.
• International qualifications must be verified by SAQA; the bidder carries responsibility for securing verification.

Company experience

• Contactable, dated and signed reference letters for similar regulation-drafting projects including public consultation, completed within the past 10 years.

Pricing

• A comprehensive quotation is required, priced inclusive of VAT.
• Evaluation is on the 80/20 preference point system, applicable to acquisitions up to R50 million inclusive of all taxes.

No bid security, guarantee, retention or payment terms are stated.

Mandatory registration and status

• Registered on the National Treasury Central Supplier Database (CSD).
• Valid tax compliance status PIN and tax clearance certificate.
• Valid CIPC company registration documents.
• Copy of the identity document of each company owner.

B-bbee

• Valid B-BBEE certificate or sworn affidavit; the affidavit must indicate the financial year period it covers.
• Preference points are claimed for EME or QSE status that is at least 51% black-owned (10 points), 51% black women-owned (5 points), 51% youth-owned (3 points) or 51% owned by persons with disabilities (2 points).
• Disability claims additionally require a valid medical certificate, SASSA registration and NCPPDSA registration.

Forms

• Fully completed and signed Standard Bidding Documents (SBD) forms must accompany the bid.

No CIDB grading or local-content requirement applies.

Functionality is scored out of 100 and a minimum of 70 points is required; bidders below 70 are disqualified from price and specific-goal evaluation.

Functionality scoring

• Company experience on similar projects: 20 points, based on contactable, dated and signed reference letters for regulation-drafting projects including public consultation completed in the past 10 years. 5 references = 20; 4 = 16; 3 = 12; 2 = 8; 1 = 4; 0 = 0.
• Bidder's team qualification and experience: 40 points maximum, assessed from CVs and certified academic certificates.
• Approach to work: 30 points, split between methodology (15) and project implementation plan (15).

Price and preference

• 80/20 preference point system under the PPPFA 2022 regulations for acquisitions up to R50 million.
• Price: 80 points.
• Specific goals: 20 points, awarded for 51% black-owned EME/QSE (10), 51% black women-owned (5), 51% youth-owned (3) and 51% owned by persons with disabilities (2).
• Each goal claim requires the supporting proof documents.

Returnable form

• SBD 6.1 (Preference Points Claim Form): must form part of the bid, be completed and signed by a person authorised to bind the bidder, and be supported by the proof required for the specific goal claimed.

Preference point system

• The form provides for both the 80/20 and 90/10 systems; the points table marks the 90/10 columns not applicable and allocates 80 points for price and 20 points for specific goals, out of 100.
• 80/20 applies to requirements valued up to R50 million (all taxes included); 90/10 applies above R50 million.
• Price points are scored against the lowest acceptable bid using the prescribed formula.

Points for specific goals (20 available)

• EME or QSE at least 51% black-owned: 10 points.
• EME or QSE at least 51% black women-owned: 5 points.
• EME or QSE at least 51% youth-owned: 3 points.
• EME or QSE at least 51% owned by persons with disabilities: 2 points.

Claiming the points

• The bidder must indicate on the form which specific-goals points it claims.
• Points are not awarded where the required proof or documentation is not submitted with the bid.
• The organ of state may require a bidder to substantiate any preference claim before adjudication or at any later stage.

Preference points claim

• SBD 6.1 (Preference Points Claim Form) is the form on which specific-goals points are claimed and must be completed and signed.
• Proof of the claimed goal must accompany the bid: EME or QSE status and at least 51% ownership by black people, black women, youth or persons with disabilities.
• Without that proof, no preference points for specific goals are awarded.
• The organ of state may call for substantiation of any claim at any time.

Consequences of a false claim

• A claim made fraudulently, or conditions of contract not fulfilled, may lead to disqualification, recovery of costs, losses and damages, cancellation of the contract, restriction from doing business with any organ of state for up to 10 years, and criminal prosecution.

Preference point system

• The form caters for the 80/20 and 90/10 systems; the points table marks the 90/10 columns not applicable and allocates 80 points for price and 20 points for specific goals, out of 100.
• 80/20 applies to requirements valued up to R50 million (all taxes included); 90/10 applies above R50 million.
• Price points are scored against the lowest acceptable bid using the prescribed formula.

Specific goals (20 points)

• EME or QSE at least 51% black-owned: 10 points.
• EME or QSE at least 51% black women-owned: 5 points.
• EME or QSE at least 51% youth-owned: 3 points.
• EME or QSE at least 51% owned by persons with disabilities: 2 points.

Claiming and substantiating points

• The bidder must state on the form which points it claims.
• No proof submitted with the bid means the specific-goals points are not claimed.
• The organ of state may require substantiation of any preference claim before adjudication or afterwards.